Appeal to the Appellate Tribunal from orders of the 17[Deputy Commissioner (Appeals).]
24. 18[(1) An assessee objecting to an order passed by the 17[Deputy Commissioner (Appeals)], 19[or the Commissioner (Appeals)] under section
18 or section 18A or section 23 20[or section 23A] or sub-section (2) of section 37 21[***] may appeal to the Appellate Tribunal
within sixty days of the date on which the order is communicated to him.]
(2) The Commissioner may, if he is not satisfied as to the correctness
of any order passed by 22[a
Commissioner (Appeals) under sub-section (10) of section 23A], direct the 23[Assessing Officer] to appeal to the Appellate Tribunal against such order, and
such appeal may be made at any time before the expiry of sixty days of the date
on which the order is communicated to the Commissioner.
24[(2A) 25The
26[Assessing Officer] or the assessee, as the
case may be, on receipt of notice that an appeal against the order of 27[***] 28[29[***] the Commissioner (Appeals)] has been
preferred under sub-section (1) or sub-section (2) by the other party, may,
notwithstanding that he may not have appealed against such order or any part thereof,
within thirty days of the receipt of the notice, file a memorandum of
cross-objections verified in the prescribed manner, against any part of the
order of 27[***]
28[29[***] the Commissioner (Appeals)] and such memorandum shall be disposed
of by the Appellate Tribunal as if it were an appeal presented within the time
specified in sub-section (1) or sub-section (2).]
30[(3) The Appellate Tribunal may admit an appeal or permit the filing of
a memorandum of cross-objections after the expiry of the relevant period
referred to in sub-section (1) or sub-section (2) or sub-section (2A), if it is
satisfied that there was sufficient cause for not presenting it within that
period.]
31(4) An appeal to the Appellate Tribunal shall be in the prescribed form
and shall be verified in the prescribed manner and shall, except in the case of
an appeal referred to in sub-section (2), be accompanied by a fee of 32[one thousand] rupees :
33[Provided that in the case of an appeal not relatable to net
wealth as computed by the Assessing Officer, the appeal shall be accompanied by
a fee of five hundred rupees.]
(5) The Appellate Tribunal may, after giving both parties to the appeal
an opportunity of being heard, pass such orders thereon as it thinks fit, and
any such orders may include an order enhancing the assessment or penalty :
34[Provided that if the valuation of any asset is objected to, the
Appellate Tribunal shall,—
(a) in a case where such valuation has been made
by a Valuation Officer under section 16A, also give such Valuation Officer an
opportunity of being heard;
(b) in any other case, on a request being made
in this behalf by the 35[Assessing Officer], give an
opportunity of being heard also to any Valuation Officer nominated for the
purpose by the 35[Assessing
Officer] :
Provided further that]
no order enhancing an assessment or penalty shall be made unless the person
affected thereby has been given a reasonable opportunity of showing cause
against such enhancement.
36[(5A) In every appeal, the Appellate Tribunal, where it is possible, may
hear and decide such appeal within a period of four years from the end of the
financial year in which such appeal is filed under sub-section (1) 37[or sub-section (2)].
(5B) The cost of any appeal to the Appellate Tribunal shall be at the
discretion of that Tribunal.]
(6), (7), (8), (8A), and (8B) 38[***]
(9) A copy of every order passed by the Appellate Tribunal under this
section shall be forwarded to the assessee and the Commissioner.
(10) Save as provided in section 27 39[or section 27A], any order passed by the Appellate Tribunal on appeal
shall be final.
(11) The provisions of 40[sub-sections
(1), (4) and (5) of section 255] of the Income-tax Act shall apply to the Appellate
Tribunal in the discharge of its functions under this Act as they apply to it
in the discharge of its functions under the Income-tax Act.
